Bayer Statement on Supreme Court Decision to Deny Review of Pilliod

Bayer today issued the following statement on the Supreme Court’s decision to deny review of the Pilliod case:

“Bayer respectfully disagrees with the Supreme Court’s decision, but the company is not surprised given the Court’s declination in Hardeman just one week ago. There are likely to be future cases, including Roundup™ cases, that present the U.S. Supreme Court with preemption questions like Pilliod and Hardeman and could also create a Circuit split and potentially change the legal environment. The Solicitor General’s brief in Hardeman referenced the Carson case, which is currently before the Eleventh Circuit Court of Appeals and involves a favorable ruling by the trial court that the personal injury claims were preempted by federal law.

“With its five-point plan, the company is fully prepared to manage the litigation risk associated with potential future claims in the U.S. as previously communicated in July 2021, including a voluntary claims program, transition of active ingredients for glyphosate-based products in the U.S. L&G market and the additional provision taken at the time. The company has won the last four Roundup™ verdicts (Clark, Stephens, Shelton, and most recently Johnson) and now has a winning record at trial.

“Bayer continues to stand fully behind its Roundup™ products, which are a valuable tool in efficient agricultural production around the world. The company is confident that the extensive body of science and consistently favorable views of leading regulatory bodies worldwide, including most recently by the European Chemicals Agency’s Committee for Risk Assessment, provide a strong foundation on which it can successfully defend Roundup™ in court when necessary. The company will only consider resolving outstanding current cases and claims if it is strategically advantageous to do so.”